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Akins v. Glens Falls City School District

Court of Appeals of New York
424 N.E.2d 531 (1981)


Akins (plaintiff) was watching a baseball game at a field maintained by the Glens Falls City School District (Glens Falls) (defendant) when she was struck in the eye with a foul ball, causing injury. Akins was standing approximately 60 feet away from home plate, down the third-base line. The field had a protective screen behind home plate, but there was no protective screen covering other parts of the field, including where Akins was standing. Akins brought suit against Glens Falls, claiming that Glens Falls had failed to exercise reasonable care by not extending the protective screen around the entire field. The jury found in favor of Akins, and Glens Falls appealed.

Rule of Law


Holding and Reasoning (Jasen, J.)

Dissent (Cooke, C.J.)

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